HomeMy WebLinkAboutContract 52100 CITY
CO RE CT NO Y 5 oL 10 0
LEASE AMENDMENT
N TO LAKE WORTH RESIDENTIAL LEASE AGREEMENT
This LEASE AMENDMENT TO LAKE WORTH RESIDENTIAL LEASE AGREEMENT
("Amendment") is entered into by and between William L. Tatum and Wendy Tatum ("Tenant") and
City of Fort Worth, a Texas home rule municipal corporation("Landlord").
WHEREAS, Landlord entered into a ground lease ("Lease") on February 1, 1982 with Corrine M.
Pennington,the original lessee under the Lease Agreement for property located at 9526 Watercress Drive,
with a legal description more particularly described as Lot 7, Block 21,Lake Worth Leases Addition, Fort
Worth, Tarrant Count,TX(the"Leased Premises"),said Lease attached hereto as Exhibit"A";
WHEREAS, through assignment(s), the Lease is now between Landlord and William L. Tatum for the
Leased Premises, and such Lease has a fifty year term ending on January 31, 2032;
WHEREAS,pursuant to Section 272.001(h)of the Local Government Code,Landlord is authorized to sell
the property to the person leasing the land for the fair market value of the land as determined by a certified
appraiser;
WHEREAS, Landlord and Tenant desire to effect a sale of the Leased Premises from Landlord to Tenant
under Section 272.001(h) of the Local Government Code for the fair market value of the land, and,
contemporaneously with this Amendment,is entering into a Purchase and Sale Agreement for the purchase
of the Leased Premises by Tenant within eighteen (18) months of the execution of the Purchase and Sale
Agreement; and
WHEREAS, the existing Lease does not provide for terms of disposition of the Leased Premises in the
event of a sale or for the terms of the termination of the Lease in the event of a failure to purchase the
Leased Premises under the Purchase and Sale Agreement, and the parties desire to amend the Lease to
provide for such terms.
NOW THEREFORE, in consideration of the mutual agreements herein and other good and valuable
consideration,the parties agree as follows:
OFFICIAL RECORD
CITY SECRETARY
FT. 'WORTH, TX
1. Term. The term of the Lease is hereby amended to end upon the closing of the sale of the Leased
Premises under the Purchase and Sale Agreement, which shall occur within eighteen (18) months
after the Amendment Effective Date("Closing Deadline"). If the closing of the sale of the Leased
Premises has not occurred by the Closing Deadline,this Lease shall expire on the Closing Deadline.
2. Expiration of Lease. Section VII EXPIRATION OF LEASE is hereby deleted in its entirety and
replaced with the following:
"VII.EXPIRATION OF LEASE
A. Any buildings, improvements, additions, alterations, and fixtures (except furniture and
trade fixtures)constructed,placed,or maintained on any part of the Leased Premises during
the lease term are considered part of the real property of the Landlord and must remain on
the Leased Premises and become Landlord's property when the Lease terminates.
B. Before the Lease terminates, Tenant shall remove all personal property, furniture,
machinery,or equipment in,under,or on the Leased Premises.Before the Lease terminates,
Tenant must repair any damage to any buildings or improvements on the Leased Premises
resulting from the removal.Any such items not removed by the lease termination date will
become Landlord's property on that date."
3. Ownership of Improvements. Section X OWNERSHIP OF IMPROVEMENTS is hereby
amended by adding the following sentence at the end of the Section: "Upon expiration of this
Lease through the closing of the sale of the Leased Premises under the Purchase and Sale
Agreement, Tenant shall retain all right, title, and interest in the improvements on the Leased
Premises; however, upon the expiration of this Lease without a closing of the sale of the Leased
Premises under the Purchase and Sale Agreement, all right, title, and interest in the improvements
on the Leased Premises shall vest in Landlord without further payment by Landlord to Tenant for
the improvements, and Tenant shall not have any right to enter upon the Leased Premises."
4. Continued Terms and Provisions. All of the terms and provisions of the Lease between the
parties shall remain in full force and effect except as specifically amended herein.
5. Parties. Wendy Tatum is hereby added to the Lease as a tenant, and all references herein and in
the Lease to the defined term"Tenant" shall mean both William L. Tatum and Wendy Tatum.
Executed to be effective as of the date this Amendment is notarized by the City
("Amendment Effective Date").
LANDLORD:
CITY OF FORT WORTH,TEXAS,
a Texas municipal corporation
By:
Jesus J. Chapa, Assistant C1,1panager
APPROVED AS TO FORM AND
LEG ITY:
f �
Assistant City Attorney
M&C: L-159
1295: N/A F F0
ST: n
A#,C/ty Secretary �C��''
City of Fort Worth Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract,
including ensuring all performance and reporting requirements.
M --A
Na4e of Employee: Rick Salazar
Title: Sr. Land Agent
TENANT:
Printed Name: w a n A((/ 7 e1,fkt m Printed Narnei?ial7iTtZ�
f
L
NLLUkD
ETARY
TH,TX
STATE OF TEXAS §
COUNTY OF TARRANT §
Ties instrument as acknowledged before me on the day of-
.4
2019, by
IS' a-4.6 IO U-�of the City of Fort o h, a Texas
municipal corpo ation, on behalf of thatlentity.
o<�?'•'?%�i�; MARIA s,SANCHEZ
:.
*: My Notary I #2256490
w'+Teapires December 19,2021
OF
No ary Public
STATE OF TEXAS §
COUNTY OF TARRANT §
T' *s instrument was acknowledged before me on the �� day of V � , 2019, by
M�,�,YPUA RICARDO SALAZAR ll�
'braNotary Public-State of Texas( f
* Notary ID #128185792 ( ��
�
(Seal) OF Commission Exp.FEB.25,2022
Notary ublic
STATE OF TEXAS §
COUNTY OF TARRANT §
Thi instru was acknowledged before me on the day of 019, by
YPIiB`c+ RICARDO SZ;z I!
*NI
Notary Public-State of Texas _ I
(Seal) 6 " Notary ID #128185792 j( 77
„C* Commission Exp.FEB.25,2022
otary lublic
EXBIBIT A
LEASE AGREEMENT
jr THE STATE OF TEXAS § -
§ KNOW ALL MEN BY THESE PRESENTS:
;} COUNTY OF TARRANT §
The City of Fort Worth,Lessor,a home-rule municipal corporation situated in Tarrant County,Texas,(hereinafter
sometimes referred to as"City")acting herein by and through Mqrr_i s C Matson its duly authorized
City Manager,and rnyri na M. Tenningxnn ,Lessee,hereby make and enter into the following lease agree-
ment.
I.
For and in consideration of the rom t
p p payment by Lessee,when due,of all rents as herein provided,and further
A for and in consideration of the full and timely performance by Lessee of all of Lessee's duties and obligations in strict
compliance with the covenants,conditions and agreements herein contained,City hereby demises and leases to Lessee,
and Lessee hereby accepts from City,thefollowing described real property for the term and uses and subject to the
conditions set forth herein: (Subject to ADDENDUM attached hereto),
LOT 7, BLOCK.21, LAKE WORTH LEASE SURVEY
AKA 4526 Watercress Drive
H.TERM
The term of the lease shall be 50 years commencing rnhruary 1, 1982 and ending
January 31, SSB% 2032
The City may offer five(5)year extensions to the term of the lease on each fifth anniversary of the lease.The Lessee
may refuse such extension by giving notice to the City,in writing,within sixty(60)days after receipt of notice of any
extension.
HI.LESSEE'S RIGHTS AND OBLIGATIONS.
Lessee shall:
A. pay annual rent to the City of Fort.Worth in the sum of$ 188.00 said rent payable in 12 equal
installments, one such installment due on the first of each month.
B. pay the rent due under this lease to the Assessor-Collector of Taxes for the City of Fort Worth,or other office
designated by the City.
C. pay rent for each year after the first year in an amount that shall be adjusted by eighty percent(80%)of the
change in the annual average of the Consumer Price Index U.S.City Average,"all items"index,all urban consumers
(CPI-U)from the annual average for the previous calendar year,as published by the Bureau of Labor Statistics for the
United States Department of Labor,said adjustment to be computed by dividing the CPI-U for the most recent year
by the CPI-U for the immediately preceding year,subtracting one(1)from that quotient,multiplying that result by
eight-tenths(0.8), adding one(1)to that product, and multiplying that sum by the rent for the previous year.
D. be able to use the leased land for residential and water recreational purposes,in.compliance with applicable
zoning ordinances.
E. use and occupy the Ieased land,in compliance with the laws of the United States of America,the statutes of
the State of Texas,and the Charter and Ordinances of the City of Fort Worth,whether now in effect or hereinafter
adopted so long as any hereinafter adopted ordinance or charter provision is not adopted solely for the purpose of
limiting the rights of Lessee and similarly situated Lessees.
F. accept the premises in their present condition as being suitable for all purposes of this lease.
G. be deemed to be an independent tenant in possession of the premises and responsible to all parties for his acts ,
and omissions with regard thereto,and the City shall in no way be responsible for any act or omission of the Lessee.
H. indemnify,hold harmless and defend the City,its officers,agents,and employees,from and against any and
all claims for damages or injury,including death,to persons or property arising out of or incident to the leasing or the
use and occupancy of the leased land by Lessee,his guests or invitees.
I. indemnify,hold harmless and defend City from and against any and all mechanic's and materialmen's liens or
any other lien,claim or charge imposed upon the leased land or rising as a result of any conduct or activity by the
2. the assignment is evidenced in writing; and
3, in said assigamentthe assignee expressly accepts,assumes,and agrees to perform all terms,conditions and
limitations to be kept and performed by Lessee under this lease; and
4. said writing is executed and acknowledged in recordable form;and
5. said assignment is submitted to the City at the City Manager's.office or such other office designated by the
City Manager.
Within 10 days of receipt of the assignment the City shall determine whether the assignment is in compliance with
provisions A-1 through A-5 above and notify both parties to said assignment if the assignment does not comply with
those provisions.The City shall acknowledge compliance with the above provisions on the face of said assignment,
and assignment shall then be recorded in the office of the County Clerk of Tarrant County, Texas,at Lessee's ex-
pense. Compliance with the provisions set out above shall relieve the Lessee from further liability under this lease.
B. have the right to inspect the leased premises for compliance with City of Fort Worth Minimum Building Stan-
dards Code City Ordinance No.8006,at the time of any sale or transfer:The City shall notify the purchaser or assignee
in writing of any violations of said ordinance within 10 days of the submission of a proposed assignment to the City,
The purchaser or assignee shall not be issued a certificate of occupancy bythe City until the requirements of such or-
dinance have been complied with.
C. shall not convey,.sell,or transfer its interest in the leased land without allowing the Lessee the opportunity to ac-
quire the leased land unless the conveyance,sale, or transfer is to a governmental entity with the power to condemn
the property for the purpose it is acquired.All transfers shall be subject to the competitive bidding laws of the State of
Texas and the ordinances and charter of the City of Fort Worth.
D. provide yearly statements of the rent due hereunder and in such statement specify the number of years remaining
in the term of this lease.
E. have the right to enter upon the above described property at reasonable times and under reasonable cir-
cumstances for the purposes of examining and inspecting the leased land to determine whether Lessee has complied
with his obligations hereunder. This provision shall not be construed to authorize entry into residences or other
buildings on the leased land except where such entry is specifically authorized by the provisions of this lease, the
statutes of the State of Texas, or the ordinances of the City of Fort Worth.
F. warrant that Lessee will have quiet enjoyment and peaceful possession of the leased land,and that the City will
defend the Lessee in such quiet enjoyment and peaceful possession during the term of this lease.
G. The City Manager shall.review this lease prior to each fifth anniversary and shall make recommendations to the
City Council regarding extensions.
V.LESSOR'S OPTIONS
The City of Fort Worth may,in the event that Lessee shall give notice to the City that a financial hardship exists in
the payment offrentals due hereunder,the City Manager may waive any portion of that year's rent after consideration
of said hardship".Lessee shall have the right to present his request to the City Council of Fort Worth should the City
Manager deny the request.
Any rents waived as a result of such hardship and remaining unpaid shall constitute a lien against the Lessee's im-
provements and such unpaid rents shall bear interest at the current legal rate.
VI.LESSEE'S OPTIONS
Lessee may:
A. sell, assign, or sublet this lease or remaining term thereof.
B. construct new structures and enlarge existing structures on the leased land provided that such construction is in
accordance with all applicable Cit Codes and Ordinances.
C. make alterations, remodel, md make improvements to existing structures and the leased land,provided that
such actions.shall be in accordant with applicable City Codes and Ordinances.
D. terminate this lease without eimbursement for Lessee's structures and improvements at any time by giving the
City 30 days notice of intention to terminate.
VII.EXPIRATION OF LEASE
A_. 1.Innn exnira.tinrl ofthe.trrm of th=.c lracr thr City chap nn q to the T eccee_-a+naunt_en„al to the then mzrket
=' VIII.TERMINATION OF LEASE
A. In the event the Lessee:.
15 1 . is in arrears in the payment of the rents,or other amounts agreed to be paid under the terms of this lease;or.
2. has failed to perform any obligation under this lease,then the City may give notice to the Lessee of termina-
tion of the lease by default,said notice to specify in detail the defaults upon which the termination would be based,In
said notice the City shall demand that actions be taken within 45 days to cure the default or defaults upon which the
termination is based or the lease shall be terminated.
B. In the event of;a default by Lessee,and.said Lessee does not take action to cure the default within 45 days of the
notice from the City,the lease may be terminated and the City shall have no duty to reimburse the Lessee for struc-
tures or improvements to the leased land.The Lessee shall have the right to remove said structure,improvements,and
personal property within 90 days from the date of lease termination by default,and shall vacate the leased land at the
Faend of said 90 days.All such property not removed within 90 days shall become theproperty,o.f the City.
C. In the event rentals to be paid under the terms of this lease is not paid when due,an additional late penalty of
1.5%per month shall be added to the amount due.
D. Upon termination of this lease or expiration of the term of this lease,Lessee shall be entitled and'authorized to
remove from the premises all netts of personal property belonging to Lessee not permanently'affized to the realty and
all structures and improvements for which no reimbursement is made underthe terms of this lease.
IX.MORTGAGES
A. So long as no default exists under the terms of this lease,the Lessee or any Assignee may mortgage his leasehold
estate and improvements situated thereon to secure.a loan or loans of money actually made,or:thatwill be made,or
any extension or renewal of the same.
B. Such mortgage or deed of trust shall be in every respect subject,subservient and subordinate to all the.condiiions
and covenants of this lease.
C. In the event of a default that could result in the termination of this lease without reimbursement to Lessee for the
improvements and structures on the leased land,the City shall give notice to the mortgagee as is required to be given to
the Lessee,and said mortgagee shall.have the right to cure said default and/or perform the terms and conditions of
this lease.
D. A mortgagee or trustee under a deed of trust shall have the same right and power to assign this lease,in conjunc-
tion with a trustee's sale or transfer to satisfy Lessee's obligation to a mortgagee,as does the Lessee under the terms of
this lease.
E. At any time the City is to pay the Lessee for structures or improvements on the leased land,the City shall give
notice to each mortgagee of that payment, and said mortgagee shall have the right to receive payment for any
outstanding obligation secured by mortgage or deed of trust on the leasehold and improvements.
F:-The City shall be required to give such notice only if the mortgagee has,in writing,informed the City of its in-
terest and has supplied an address for said notice.
X.OWNERSHIP OF IMPROVEMENTS
All structures and improvements situated on the leased land when this lease is entered into are;and shall continue to
be,the property of the Lessee,and all improvements hereinafter made by the Lessee on the leased land shall be the
property of the Lessee.
XI.SUCCESSORS IN INTEREST
A. In the event of the death of a Lessee,his successors and estate shall succeed to his interest under this,lease,and
those entitled by law to succeed to the Lessee's interest.in the lease shall continue to enjoy the right'i�and benefits
hereunder of the deceased Lessee;
B. In the event that the Lessee or his,Assignee is adjudicated a bankrupt, said lease may:.be assigned as provided
above,and any Assignee shall assume the duties and liabilities as set.out above.
XII.VENUE
Venue of any action brought hereunder,shall lie exclusively in Tarrant County,Texas.
XIII.NOTICE
A. Any notice required under this lease,unless otherwise specified,shall be given by depositing in the United States
Mail as certified mail,postage prepaid,addressed to the:
1. Lessee's or Assignee's at the address shown on this lease unless said Lessee or Assignee has furnished to the
City,in writing,instructions to mail notices to another address;
2. City Manager of the City of Fort Worth,City Hall,Fort Worth,Texas;
I M—tan—P At the nrldrPCC minnlied it t'fie Civ in writing for the mailine of such notice.
v
ATTIEST: xa Jaz'':'` CITY OFORT WORTH
�4 , .
� I `...E /��/:�vr✓y'� .
*
B
1G ClCtary,' y
APPRwWA_S.TO F013M AND LEGALITY: o
.47..City" Attorney Lessee Corrine M. Pennington
STATE OF TEXAS
COUNTY.OF TARRANT§ .
BEFORE ME,the undersigned authority,a Notary Public in and for the State of Texas,on this day personally
appeared72iY4Jra:� ?rj �x ,known to me to be the person whose name is
subscribed to the foregoing instrument, d acknowledged to.me that he executed the ss=e as the act and deed of the
City of Fort Worth,a municipal corporation of Tarrant County Texas,and as 14
thereof,and for the purposes and consideration therein expressed and in the capacity therein s ated.
ON&N UNDER MY.HAND..AND SEAL OF OFFICE this day of
A.D.,l#tS.
:;,.V ._x'01
Notary Public in and for
the State of Texas
My�Cozizrisston;Expires: d�
STATE OF TEXAS §
COUNTY OF TARRANT§
BEFORE ME,the undersigned au ority,`a Notary'Public in and for.the State of Texas,on this day personally
appeared Corrine.M: Pennin ton ,known to be the person whose name is
subscribed to the foregoing instrument, d acknowledged to me that he exec ed the s e for the purposes and con-
sideration therein expressed.
GIVEN UNER MY HAND AND SEAL OF OFFICE this d of J ne A.D.
1982. r
f.. Notary Public in and for
the State of Texas
My 'orc rllNn v-mhpr 401. 1984 - -
4.
A D D E M T O L E A S E A G R, E N T
THS'ST'AT'E OF TEXAS X
`51 KNOW ALL MEN BY THESE PRESENTS:
f
� UMTY OF TARRANT X
:} Paragraph IV of the foregoing Lease Agreement is amended to include, in addition to all
ph the provisions contained therein, the following supplemental and additional provision:
H. Have the right .to terminate this Lease as to the portion of the leased land which is
nCprest to the water and which is separated from the remainder of the leased land by
At WATERDRESS DRIVE AKA Meandering Road a public roadway. Such portion of the
eased land (hereinafter waterfront land), is shown on Exhibit 'A', which is attached hereto
and incorporated herein. Lessor may terminate the Lease to the waterfront portion of the
1'e sed land on any anniversary date of this Lease after February 1, 1992, by giving thirty
-O) days written notice.
M�
.s� Lessor shall pay to Lessee the market value of any structures and improvements located
on the waterfront land when the Lease is terminated, except for water_ wells, septic tanks, or
other sewage disposal devices.
For any water well, septic tank, or other sewage disposal device, the City shall pay the
higher of either market value of those improvements or the cost to relocate those improvements
onto the remaining portion of the leased land, or as an alternative to such payment, connect,
at the City's expense, the water and/or sewage facilities of the structures on the remaining
portion of leased land to an existing system for those services.
At the time the Lease is terminated as to the waterfront land the annual rent upon the
remaining portion of leased land shall be 60 % of the rent on the entire leased land for the
previous year.
Acceptance of any amount offered by the City does not forfeit Lessee's right to dispute
the amount paid, nor shall any acceptance constitute a waiver of any legal remedy Lessee may
have to determine market value or replacement value. In the event that a court of competent
jurisdiction determines that the amount paid to Lessee by the City is in excess of market
value,.,;,the Lessee shall promptly refund any excess to the City
EXECUTED.at Fort Worth, Tarrant County, Texas this jg day of 1982.
4TTEST CITY OF FORT WORTH
IVC
ity� ecr.etary .w,
kPPROVED-AS TO FORLEGALITY: 4
3ity Attorney Lessee Corrine M. Pennington
STATE OF TEXAS X
,OUNTY OF TARRANT X
L'EFO ME, the undersigned authority, on this day personally appeared 6}/
known to me to be the person whose name is subscribed to the foregoing instru-
nent<,.°and`kacknowledged to me that he executed the same as the act and deed of the City of Fort
7orth;' a'muncipal corporation of Tarrant County, Texas,and as thereof,
ind for `the purposes and consideration therein expressed and in the cap city therein stated.
GIVEN UNDER Iff..c,HAND AND SEAL OF OFFICE this .NJ-day of A.D. 198
4y CnmmissionEr,pires: e
Notary 01blic in and.for Tarrant County, Texas